Table of Contents (Display details)

• Succession 
• PART I Preliminary
  • 1 Short title
  • 2 Interpretation
• PART II Devolution of Real and Personal Estate on Death
  • 3 Devolution of real and personal estate
  • 4 Abolition of descent to heir, curtesy, dower and escheat
  • 5 Further assimilation of law respecting real and personal estates of deceased persons
  • 6 Vesting of estate between death and grant of administration
  • 7 Construction of references to estates of deceased persons
• PART III Executors and Administrators
  • 8 Summons to executors to prove or renounce
  • 9 Cesser of right of executor to prove
  • 10 Withdrawal of renunciation
  • 11 Death of sole or last surviving executor
  • 12 Rights of proving executors to exercise powers
  • 13 Executor not to act while administration is in force
  • 14 Protection of persons acting in probate or administration
  • 15 Liability of person fraudulently obtaining or retaining estate of deceased
  • 16 Liability of estate of personal representative
  • 17 Validity of conveyance not affected by revocation of representation
• PART IV Grants of Representation
  • 18 Grants of probate
  • 19 Grants of administration
  • 20 Representation of real and personal estate separately or together
  • 21 Power to grant representation where no estate
  • 22 Power to grant representation to a trust corporation
  • 23 Grant of special administration where personal representative is abroad
  • 24 Powers of attorney from absent executor valid
  • 25 Administration during minority of executor
  • 26 Continuance of legal proceedings after revocation of temporary administration
  • 27 Administration bonds
• PART V Administration of Assets
  • 28 Estate of deceased to be assets for payment of debts and legal rights
  • 29 Administration of assets
  • 30 Charges on the property of deceased to be paid primarily out of the property charged
  • 31 Repealed....
  • 32 Powers of personal representatives to sell and to act as trustees
  • 33 Protection of purchasers
  • 34 General provisions as to assent or transfer by personal representatives
  • 35 Power of personal representatives as to appropriation
  • 36 Right of surviving spouse to require dwelling and household chattels to be appropriated
  • 37 Application to the Court in respect of appropriation
  • 38 Repealed by 1979—41....
  • 39 Repealed by 1979—41....
  • 40 Right to follow property
  • 41 Powers to deal with estate, etc.
  • 42 Purchasers from personal representatives
  • 43 Time allowed for distribution
  • 44 Payment without representation
  • 45 Advancements to children to be brought into account
  • 46 Duty of personal representatives as to inventory
  • 47 Administration on behalf of the Crown
• PART VI Distribution on Intestacy
  • 48 Rules for distribution on intestacy
  • 49 Shares of surviving spouse and of children and their issue
  • 50 Shares of mother and father
  • 51 Shares of brothers and sisters and their children
  • 52 Shares of next-of-kin
  • 53 Ascertainment of next-of-kin
  • 54 Half-blood
  • 55 Crown’s right to property as bona vacantia
  • 56 Partial intestacy
• PART VII Provision for dependants
  • 57 Meaning of dependant
  • 58 Provision for dependants on intestacy
• PART VIII—A Wills Generally
  • 59 Property which may be disposed of by will
  • 60 Capacity to make a will
  • 61 Signing and witnessing will
  • 62 Appointments by will
  • 63 Holograph will
  • 64 Publication of will not necessary
  • 65 Will not void on account of incompetency of witness
  • 66 Gift to an attesting witness or spouse of witness to be void
  • 67 Creditor attesting will admissible as a witness
  • 68 Executor admissible as a witness
  • 69 Revocation of will
  • 70 Alterations of will after execution
  • 71 Revoked will not revived otherwise than by re-execution or codicil
  • 72 Subsequent conveyance or other act not to prevent operation of will
  • 73 Will to speak from death of testator
  • 74 Extrinsic evidence as to will
  • 75 Residuary devise or bequest to include estate comprised in lapsed and void gifts
  • 76 General devise of land to include leasehold as well as freehold
  • 77 General gift of realty or personalty to include property over which the testator has general power of appointment
  • 78 Devise of real estate without words of limitation to pass the whole estate
  • 79 Creation of estates tail
  • 80 Meaning of “die without issue”
  • 81 Entitlement of trustee under an unlimited devise
  • 82 Devise of estate tail not to lapse where inheritable issue survives
  • 83 Gifts to children or other issue who leave issue living at testator’s death
  • 84 Interpretation of devise or bequest in case of doubt
  • 85 Restriction on executory limitations
• PART VIII—B Soldiers and Sailors Wills
  • 85A Soldiers wills
  • 85B Validity of testamentary dispositions of real property made by soldiers and sailors
  • 85C Power to appoint testamentary guardians
• PART IX Conflict of Laws relating to Testamentary Dispositions
  • 86 Testamentary disposition and validity as regards form
  • 87 Dispositions made on board vessels or aircraft
  • 88 Exercise of power of appointment
  • 89 Joint dispositions
  • 90 Effect of restrictions on capacity
  • 91 Effect of testamentary disposition
• PART X Testator’s Spouse’s Legal Right and Provision for Children
  • 92 Application of Part X
  • 93 Right of surviving spouse
  • 94 Priority of legal right
  • 95 Renunciation of legal right
  • 96 Effect of devise or bequest to spouse
  • 97 Election between legal rights under a will and on partial intestacy
  • 98 Provision in satisfaction of legal right
  • 99 Estate Duty
  • 100 Provision for children
  • 101 Proceedings to be in chambers
• PART XI Exclusion from Succession and Disinheritance
  • 102 Exclusion of spouse from succession
  • 103 Disposition for the purpose of disinheriting spouse and children
  • 104 Proceedings to be in chambers
• PART XII Miscellaneous
  • 105 Presumption of simultaneous death in cases of uncertainty
  • 106 Savings